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SCOTT v. STATE

No. A97A2363.

496 S.E.2d 494 (1998)

230 Ga. App. 522

SCOTT v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied February 11, 1998.

Attorney(s) appearing for the Case

Dupree, Johnson & Poole, Hylton B. Dupree, Jr., A. Gregory Poole, Marietta, for appellant

Thomas J. Charron, District Attorney, Charles M. Norman, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.

ANDREWS, Chief Judge.

Danny Albert Scott was indicted for first degree (felony) vehicular homicide based on DUI (OCGA § 40-6-393(a)) and for felony hit-and-run (OCGA § 40-6-270(a) and (b)). The jury convicted him of hit-and-run but acquitted him of felony vehicular homicide and instead found him guilty of the lesser included offense of second degree (misdemeanor) vehicular homicide (OCGA § 40-6-393(b)). Scott's appeal challenges the sufficiency of the...

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